Accelerating the transformation of the mode of economic development is the focus of the Party and the country, an important goal and strategic measure to thoroughly implement Scientific Outlook on Development, and an unshirkable mission of the current procuratorial organs. Based on the procuratorial function, how to find the breakthrough point, combination point and focus of the transformation of procuratorial work and service economy development mode has become a major issue faced by procuratorial organs. Based on the characteristics and actual situation of Gulou District Procuratorate, this paper analyzes how grass-roots procuratorial organs can better play their functions and continuously improve their ability and level of serving the transformation of economic development mode.
First, the significance of the transformation of procuratorial organs' service economic development mode
1. Changing the development mode of service economy is an important responsibility entrusted to procuratorial organs by the times. Accelerating the transformation of economic development mode is a new round of major strategic tasks related to the overall development of our city and our region. As a national legal supervision organ, procuratorial organs provide guarantees and services for accelerating the transformation of economic development mode, which is not only an important duty of procuratorial organs, but also an important content of procuratorial work serving the overall situation of the party and the state. As a grass-roots procuratorial organ, we should deeply understand the importance and urgency of accelerating the transformation of economic development mode, clarify the great responsibility of procuratorial organs in promoting economic development, and provide good judicial guarantee for accelerating the transformation of economic development mode more consciously.
2. The transformation of the development mode of service economy is the objective requirement of the service center of procuratorial organs. The ultimate goal of the socialist legal system is to liberate and develop productive forces. If procuratorial work wants to enter the main battlefield of economic construction, it cannot deviate from economic construction. As the old city of Xuzhou, Gulou District has a relatively poor economic foundation compared with other main cities, and the task of seeking economic development is arduous. As a grass-roots procuratorial organ, it should take economic construction as its own responsibility, firmly establish the consciousness of serving the overall situation of economic construction, always keep in mind the overall situation and take care of the overall situation, resolutely safeguard the leadership of district committees, unconditionally obey and serve the overall situation of economic construction, firmly grasp the new demand for procuratorial work from the transformation of economic development mode, and constantly strengthen the sense of responsibility and mission of serving economic construction.
3. Changing the development mode of service economy is an important measure to implement Scientific Outlook on Development. The Twelfth Five-Year Plan period is also a crucial period to further implement Scientific Outlook on Development and realize the goal of building a well-off society in an all-round way. At present, in the complicated domestic and international environment, the standard of creating a good legal environment for economic construction by procuratorial organs is higher, and the task of serving the transformation of economic development mode is heavier. Procuratorial organs should take economic construction as their own responsibility, firmly grasp the new demand of economic construction for procuratorial work, deeply understand that serving the transformation of economic development mode is the sacred duty of procuratorial organs, resolutely prevent and correct purely professional views, and consciously put procuratorial work into the overall situation of economic development mode transformation to think, plan and deploy.
Two, the procuratorial organs should establish three kinds of consciousness in the transformation of service economy development mode.
1, establish a sense of the overall situation and enhance work initiative. Procuratorial work is a part of the party's work. Procuratorial work should consciously obey the party's central work and consciously serve the economic work. We must persist in serving economic development as our own responsibility and always keep the correct direction of procuratorial work. This year is the first year of the Twelfth Five-Year Plan, an important year to revitalize the old industrial base in Xuzhou, and a crucial year for the Gulou District in the old city of Xuzhou to build the "three-zone goal". Seeking economic development is an arduous task. As a legal supervision organ, procuratorial organs should deeply understand the great significance of accelerating the transformation of economic development mode, the importance and urgency of accelerating the transformation of economic development mode, and further enhance the overall awareness. Further identify the starting point of procuratorial work to serve the overall situation, more consciously provide good judicial guarantee for accelerating the transformation of economic development mode, and create a standardized and orderly development environment, a stable and harmonious social environment, a clean government environment, and a fair judicial environment for law enforcement.
2. Strengthen the sense of responsibility and highlight the procuratorial function in service. Accelerating the transformation of economic development mode is an inevitable requirement for improving the ability of sustainable development, rationalizing the distribution of national income and promoting social harmony and stability. As a grass-roots procuratorial organ, it is necessary to correctly grasp the historical position of the current procuratorial work, truly clarify the new responsibilities of procuratorial work in the new period, deeply understand the historical mission shouldered by procuratorial organs in economic and social construction, and further enhance their sense of responsibility and mission. Unify thoughts with the central government's judgment on the current situation, and unify actions with the implementation of the central government's principles, policies and strategic arrangements, so as to provide a strong legal guarantee for the transformation of the region's economic development mode and highlight the procuratorial function in the guarantee.
3. Enhance the service consciousness and embody the procuratorial function in the service. As a grass-roots procuratorial organ, we must correctly understand the current situation and earnestly enhance our sense of service; It is the political responsibility of procuratorial organs to provide strong judicial guarantee for the transformation of economic development mode; It is necessary to focus on the major policies, objectives and tasks of the whole region, and regard service as the first priority as the starting point and foothold of procuratorial work; We should more consciously put procuratorial work into the overall situation of economic and social development to plan, deploy and promote, find a correct position and take the initiative to serve. We should give priority to supporting the development of enterprises and stabilizing their production and operation, and comprehensively use various means to solve contradictions and disputes in a timely, safe and effective manner; While cracking down on economic crimes according to law, we should protect the legitimate rights and interests of enterprises and strive to promote the healthy development of enterprises.
Third, based on the procuratorial function, the main methods of serving the transformation of economic development mode
1, change the concept of law enforcement and strive to find the best combination point for procuratorial work to serve the transformation of economic development mode. The transformation of economic development mode is likely to lead to prominent contradictions among the people, and economic crimes and criminal crimes coexist. Therefore, the responsibility of procuratorial work to serve the overall situation is more important and the task is more arduous. Therefore, we must clearly understand the situation, keep a keen mind, keep pace with the times, firmly develop confidence, improve the level of law enforcement, strive to play the active role of procuratorial work in regulating social relations, strengthening social management, and promoting stable and rapid economic development, so as to solve problems for the party Committee and government to the maximum extent and continuously enhance procuratorial services.
2, give full play to the functions of procuratorial organs, according to the law to crack down on and punish criminal activities that endanger economic development. Insist on carrying out special work as an important starting point for procuratorial organs to serve and ensure the transformation of economic development mode, and severely crack down on criminal activities that seriously undermine the market economic order, especially in the fields of finance, securities and real estate. Severely crack down on criminal activities that damage the interests of enterprises, such as job occupation, misappropriation of funds, infringement of business secrets, and destruction of production and operation. Severely crack down on criminal activities that infringe trademark rights, patents and copyrights, and increase judicial protection of intellectual property rights of enterprises. It is necessary to further promote the special work of controlling commercial bribery, pay attention to the basic policies put forward in investigating cases, and cooperate with relevant departments to control the "hidden rules" of the industry, so as to create a stable and harmonious social environment, a standardized and orderly market environment, a clean and honest government environment and a fair and just legal environment for the steady and rapid development of the economy in the jurisdiction.
3. Strengthen the litigation supervision of cases involving accelerating the transformation of economic development mode. In the process of optimizing and upgrading the industrial structure, we will supervise the investigation of criminal cases that infringe on the legitimate rights and interests of enterprises, business operators, laborers or relocated households, strengthen early intervention in difficult and complicated cases, guide evidence collection, and promptly supervise and correct the abuse of investigation power. In the trial of criminal cases involving the above contents, a protest shall be filed in a timely manner according to law against the criminal judgment that is indeed wrong. Give full play to the function of civil administrative procuratorial supervision, and timely supervise the judicial organs to correct problems such as illegal procedures and unfair judgments in civil administrative cases such as contract disputes, labor disputes, damage compensation disputes and demolition compensation disputes.
4. We should actively solve problems for the development of enterprises, establish contact mechanisms with enterprises under our jurisdiction, hold regular symposiums, keep abreast of the development of enterprises and the problems they face, listen to the voices of enterprises, and help enterprises to give ideas and solve problems. According to the characteristics of large state-owned enterprises, foreign-funded enterprises and private enterprises in the jurisdiction, we will regularly produce "legal packages" with different emphases, and improve the pertinence of legal services through flexible ways such as holding special legal training, inviting to participate in court trials and touring legal lectures. It is necessary to strengthen legal supervision over civil cases such as enterprise debt disputes, liquidation and bankruptcy. Explore the supervision and prosecution of civil cases that cause the loss of state-owned assets and heavy losses of state-owned enterprises, and actively provide necessary legal advice and legal services. It is necessary to strengthen the pursuit of cases involving enterprises, maximize the recovery of economic losses for enterprises, and strive to create a development environment of "pro-business, business protection and business security" for the jurisdiction.
5, to promote the stability of economic development order as an important criterion to measure the level of law enforcement, we should not only adhere to the strict handling of cases according to law, but also correctly handle the relationship between crackdown and protection, and strictly distinguish between economic disputes and economic crimes, work mistakes and dereliction of duty crimes, unhealthy practices and illegal crimes in economic activities, deviations in economic system reform and crimes committed by using reform loopholes. When investigating cases involving enterprises, compulsory investigation measures such as seizure, seizure and freezing should be carefully used, and it is strictly forbidden to seize, detain or freeze legal property unrelated to the case. It is necessary to speed up the investigation and handling of cases, improve the efficiency of handling cases, reduce the negative impact of case investigation on units, and maximize the protection of the legitimate rights and interests of enterprises and the normal production and operation order of enterprises.
Four, the transformation of service economy development mode must be handled correctly.
1. Correctly handle the relationship between combating crime and promoting social harmony and stability. Procuratorial organs must pay more attention to maintaining social stability, promoting social harmony, giving overall consideration to "leniency" and "strictness", so that leniency is lenient, strictness is strict, leniency is combined with severity, and punishment is punished. When investigating and handling cases involving enterprises, duty crimes that have a great impact on society, involve a large amount of money, have a poor attitude of pleading guilty and are strongly reflected by the masses should be dealt with promptly, accurately and forcefully. For minor criminals with minor criminal circumstances, little social impact and good attitude of pleading guilty, we should implement the criminal justice policy of combining leniency with severity, adopt the policy of combining leniency with severity as far as possible, eliminate and resolve negative factors that are not conducive to harmony, and effectively promote the harmonious and stable development of society.
2. Correctly handle the relationship between law and policy implementation. In handling self-investigation cases, we should strictly distinguish between crimes and non-crimes, such as work mistakes and dereliction of duty, economic disputes and economic fraud, normal legitimate income and corruption and bribery, rational flow of funds and malpractice for personal gain, enterprise financing according to law and illegal absorption of public deposits, so as to prevent economic disputes, work mistakes and general illegal acts from being treated as criminal cases. Correctly handle the relationship between punishment and protection, and resolutely crack down on acts that seriously hinder development and harm the interests of enterprises; Try to save the criminal cases and minor crimes of the main personnel and business backbone of the enterprise; For cadres who have been falsely accused or wrongly accused, clarify the problems in time and protect them according to law.
3 correctly handle the relationship between procuratorial work and the work of the party Committee and government center. In order to find the focus of serving the overall situation, the Gulou District Party Committee and the district government put forward the new Gulou goal of building a modern service industry strong area, an ecologically livable new area and a civilized and harmonious urban area. As a grass-roots procuratorial organ, from the height of implementing Scientific Outlook on Development, we should firmly establish the consciousness of serving economic construction, actively adapt to the new requirements of procuratorial work in the new situation, consciously consider and plan procuratorial work from the overall situation of the party and the government, determine the focus and methods of work around the overall situation, and embody the purpose of optimizing the economic development environment. Close to the overall situation of the whole region, identify the entry point, combination point and focus point of service, and take the full performance of legal supervision duties as the most basic and direct means to serve the overall situation, which not only prevents the case from being handled in isolation regardless of the overall situation, but also prevents the service from being out of function and beyond the scope. We should adhere to the combination of functions, perform functions in service, carry out services in performing functions, optimize the economic development environment and promote the economic development of Gulou with correct law enforcement concepts, standardized law enforcement behaviors, solid work style and good work performance.
4. Correctly handle the relationship between overall service and self-development. Grass-roots procuratorial organs should always adhere to the political direction of procuratorial work serving the overall situation and make new changes in thinking mode and law enforcement concept. Service cannot be equated with obedience, which deviates from the meaning of "supervision". The development of service economy cannot be equated with local protection, and the restricted area for handling cases can be set with economic development. At the same time, we must resolutely put an end to the "business theory" that equates business development with procuratorial image, unilaterally pursues legal effects, and mechanically enforces the law.